New South Wales Consolidated Acts

LOTTERIES AND ART UNIONS ACT 1901 - SECT 2A

2A Definitions

(1) In this Act:
"art union" has the meaning given to it in section 5.
"authorised inspector" means a person appointed under this Act as an inspector or a person authorised by or under this Act to exercise the functions of an authorised inspector.
"exercise" of a function includes, where the function is a duty, performance of the duty.
"function" includes power, authority or duty.
"game of chance" includes:

(a) a game of chance within the meaning of section 4A conducted in the course of a fundraising appeal or under the authority of an organisation, or

(b) a game of chance within the meaning of section 4B conducted in connection with a competition for the promotion of trade, or

(c) a game of chance within the meaning of section 4C conducted by or under the authority of a registered club, or

(d) a sweep or calcutta within the meaning of section 4D conducted by a person, or conducted by or under the authority of an organisation, or

(e) a game of housie conducted as authorised by section 4E.

"lottery" includes:

(a) a lottery within the meaning of section 4 conducted by or under the authority of a non-profit organisation, or

(b) a lottery within the meaning of section 4B conducted in connection with a competition for the promotion of trade, or

(c) a progressive lottery within the meaning of section 4F conducted as authorised by that section, or

(d) a gratuitous lottery within the meaning of section 4G conducted as authorised by that section.

"lottery activity" means a lottery, raffle or other game referred to in section 3.
"organisation" includes any board of trustees or other body of persons, whether incorporated or not.
"prohibited prize" means any of the following:

(a) tobacco in any form,

(b) a firearm, or ammunition, or an imitation firearm, within the meaning of the Firearms Act 1996 ,

(c) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998 ,

(d) the provision of cosmetic surgery or other similar procedure the main purpose of which is to improve personal appearance or self-esteem,

(e) any item or service prescribed by the regulations for the purposes of this definition.

"publish" means disseminate, exhibit, provide or communicate by oral, visual, written, electronic or other means (for example, by way of newspaper, radio, television or through use of the Internet, subscription TV or other on-line communications system), and includes cause to be published.

(2) For the purposes of this Act:

(a) a person conducts a lottery activity if the person organises the activity, whether alone or with others, whether in person or by an agent or employee and whether on the person’s own behalf or as an officer or member of the governing body of an organisation, and

(b) a person participates in a lottery activity if the person solicits or receives any money, property or other benefit in the course of the activity, or assists in organising the activity, and

(c) a person who participates in a lottery activity does not conduct the lottery activity if the person participates in it solely as the agent or employee of or for another person who is conducting the activity, and

(d) a person does not participate in a lottery activity merely because the person gives any money or benefit in the course of the activity.